Jenn Foster
Jennifer (“Jenn”) Foster represents clients in high-stakes litigation in state and federal courts across the country. Jenn is well-versed in trial and appellate practice and has been an integral member of several trial teams representing multinational corporations in tort and commercial cases across many jurisdictions. A litigator with more than fifteen years of experience, Jenn is skilled in all aspects of trial practice from the inception of a dispute to the highest levels of appeal.
Jenn graduated third in her class at the University of Missouri – Columbia School of Law, where she was an editor for the University of Missouri Law Review. She was an extern at the Missouri Supreme Court during law school and then clerked for the Honorable Duane Benton on the United States Court of Appeals for the Eighth Circuit after graduating law school with honors. Before joining Kevin Terrazas in 2020, she worked for two top-tier litigation firms, Sidley Austin, LLP in Chicago, Illinois, and Gordon Rees Scully Mansukhani, LLP in Austin, Texas.
J.D., with honors, The University of Missouri – School of Law
B.A., magna cum laude, International Relations and Political Science, William Jewell College
Law Clerk, Judge Duane Benton, U.S. Court of Appeals Eighth Circuit, 2006-2007
Admitted in Texas, Illinois, and Missouri
Representative Cases
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Obtained grants of summary judgment on affirmative claim for breach of contract and dismissal of breach of contract and fraud claims concerning real estate development takedown tract contract in Williamson County District Court that resulted in approximately $500,000 judgment in favor of client.
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Obtained Rule 91a dismissal of several lawsuits on behalf of a court-appointed forensic psychologist
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Successfully absolved medical, dental, and psychology professionals of claims of malpractice before various state licensing boards
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Obtained jury verdict in a lawsuit involving claims of severe birth defects associated with maternal exposure to client’s adhesive product
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Obtained jury verdict on behalf of a pharmaceutical company in a case in which plaintiff alleged cancer as a result of exposure to client’s diabetes medication
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Won summary judgment for a ski equipment manufacturer in a lawsuit involving serious injuries following a skiing accident
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Member of trial team that obtained several jury verdicts in favor of a talc supplier involved in lawsuits claiming cancer as a result of talcum powder exposure
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Won summary judgment in 70 individual lawsuits involving claims of muscle injury following use of client’s cholesterol medication after successfully arguing for exclusion of plaintiffs’ key causation experts
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Obtained no-payment settlement of all claims against Six Sigma developer in Lanham Act lawsuit alleging that he had engaged in unfair competition and misappropriated information
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Successfully resolved breach of contract, employment discrimination, breach of fiduciary duty, and other commercial disputes in favor of clients via alternative dispute resolution
Publications
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Defense Issues, Model Jury Instructions: Product Liability, Ch. 10, ABA (2017)
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When are Omissions Material? Implied Certification Claims and the False Claims Act, Rx for the Defense, DRI (Jan. 27, 2017)
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The Learned Intermediary Doctrine Gains Another Foothold in West Virginia, ABA Section of Litigation, Products Liability Litigation Newsletter (Aug. 10, 2015)
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A Surprising Win for the Learned Intermediary Doctrine in West Virginia, ABA Section of Litigation,
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Products Liability Litigation Newsletter (Jan. 6, 2015)
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Post-Approval Commitments, FDA Basics for the Drug and Medical Device Lawyer, Ch. 6, DRI (2015)